INCOME TAX ACT, 1961

Section 253(5)

Appeal (Tribunal) - Condonation of delay - Sufficient cause -

Assessee-company sought condonation of delay in filing appeal before Tribunal. It submitted that the said delay was on account of ill-health of its Managing Director and its accountant's involvement in a major accident and that for the said reasons the Managing Director was not aware of the order of CIT (A) and that he came to know about the same when he received a phone call from the IT officer about pending arrears on account of the decision passed by the CIT (A). Held: Since delay in filing appeal before Tribunal was on account of ill health of Managing Director of assessee-company and its accountant's involvement in a major accident, thus, it could be said that such reasons were beyond the control of the assessee and the same could be accepted as sufficient cause for condonation of the delay. Moreover, while considering the applications for condonation of delay, what is to be seen is whether the interest of the revenue will stand protected, even while recognizing the right of the assessee to exercise the statutory remedies available to the assessee and the statutory right of appeal cannot be made redundant by dismissing the application for condonation of delay and rejecting the appeal on technical grounds. Hence, the delay in filing appeal before the Tribunal was condoned.

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2008-09

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